Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/2097 |
1988 No. 2097 (S.204)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1988
Made 29th November 1988
The Lords of Council and Session, under and by virtue of the powers conferred on them by section 75 of the Debtors (Scotland) Act 19871and of all other powers enabling them in that behalf, do hereby enact and declare:
PART I
INTRODUCTORY
Citation, commencement and revocation
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1988 and shall come into force as follows:—
(a)
(a) all rules except rules 11, 12, 14 and 15 on 30th November 1988;
(b)
(b) rules 11 and 12 on 30th January 1989; and (c) rules 14 and 15 on 6th April 1989.
(2) Rules 47 to 62 of the Rules of the Court of Session (Messenger-at-Arms)2are hereby revoked.
(3) This Act of Sederunt shall be inserted in the Books of Sederunt.
Interpretation
2. In these Rules, unless the context otherwise requires “the Act of 1987” means the Debtors (Scotland) Act 1987; “the Lyon clerk” means the clerk to the Lord Lyon; “the Lord Lyon” means the Lord Lyon King of Arms; “the Lord President” means the Lord President of the Court of Session; “regional sheriff clerk” means a sheriff clerk appointed by the Secretary of State to be a regional sheriff clerk; “the sheriff clerk” means the sheriff clerk of the sheriff court in which the application for a commission as a sheriff officer was granted; “the Society” means the Society of Messengers-at-Arms and Sheriff Officers.
PART II
QUALIFICATIONS, TRAINING AND EXAMINATIONS
Qualifications as officer of court
3.—(1) Subject to paragraph (3) of this rule, a person may not be an officer of court unless—
(a)
(a) he has attained the age of 20 years;
(b)
(b) he is not over the age of 70 years;
(c)
(c) subject to rule 5(2) below, he has undergone a period of training for three years with a person who is in practice as an officer of court;
(d)
(d) the officer of court with whom he has undergone a period of training has issued a certificate stating that the period of training has been completed satisfactorily;
(e)
(e) he has passed all such examinations as may have been set by the committee of examiners of the Society within five years before applying for a commission as a sheriff officer; and (f) he has attained the educational standard fixed by the committee of examiners.
(2) An officer of court shall retire from practice as an officer of court on attaining the age of 70 years.
(3) Paragraph (1) of this rule shall not apply to a person who is in practice as an officer of court on the date on which these Rules come into force.
Qualifications as messenger-at-arms
4.—(1) A sheriff officer may not become a messenger-at-arms unless —
(a)
(a) subject to paragraph (2) of this rule, he has been in practice as a sheriff officer for a period not less than two years; and
(b)
(b) he has passed all such examinations as may have been set by the committee of examiners of the Society within five years before applying to the Court of Session for recommendation for appointment as a messenger-at-arms.
(2) The Court of Session may, in an application to which rule 7 below applies, on special cause shown, reduce the period of practice required under paragraph (1)(a) of this rule.
Training
5.—(1) An officer of court shall be responsible for the training required by rule 3(1)(c) above of any person whom he employs for the purpose of becoming an officer of court.
(2) The sheriff principal of the sheriffdom to whom an application for a first commission as a sheriff officer under rule 8(1) below is made may, having regard to the previous experience of the applicant, on the written application of that person, reduce the period of training to a period of not less than one year.
Examinations
6.—(1) The Society shall appoint a committee of examiners (the “committee”) to examine any person who seeks to apply to become an officer of court.
(2) The committee shall consist of not more than five persons of whom—
(a)
(a) not more than three shall be members of the Society nominated by the Society;
(b)
(b) one shall be a solicitor nominated by the Law Society of Scotland; and (c) one is not a member of the Society but is nominated by the Society, in consultation with the sheriffs principal and approved by the Lord President.
(3) The committee, in consultation with the Society, shall be responsible for—
(a)
(a) the educational standard required for candidates;
(b)
(b) the setting of examination papers; and
(c)
(c) regulating, and fixing fees for, examinations.
PART III
APPLICATIONS FOR COMMISSION
Applications for recommendation for commission as messenger-at-arms
7.—(1) An application by a sheriff officer for recommendation for a commission as a messenger-at-arms under section 77(1) of the Act of 1987 shall be by petition presented to the Outer House of the Court of Session in form 1 and signed by the petitioner or his solicitor.
(2) There shall be lodged with a petition under paragraph (1) of this rule—
(a)
(a) an inventory of productions;
(b)
(b) a copy of the entry in the Register of Births relating to the petitioner;
(c)
(c) a certificate from the Society that the petitioner has passed the examinations set by the committee of examiners of the Society; and
(d)
(d) a certificate from another officer of court specifying the period that the petitioner has been in practice as a sheriff officer.
(3) A petition under paragraph (1) to this rule shall not require a process and shall not be intimated on the walls of court, served or advertised.
(4) Where the court grants the prayer of such a petition, the clerk of the Petition Department of the Court of Session shall send a copy of the petition, with the interlocutor granting the prayer written on it, to the Lyon clerk.
(5) The Lord Lyon shall not issue a commission to a sheriff officer as a messenger-at-arms until the sheriff officer has lodged with the Lyon clerk—
(a)
(a) a copy letter of receipt issued by a regional sheriff clerk in respect of the bond of caution required under rule 9 below; and
(b)
(b) a copy letter of receipt issued by a regional sheriff clerk in respect of a copy premium receipt from an insurance company for professional indemnity insurance required under rule 11(1)(a) below.
(6) When the Lord Lyon issues a sheriff officer with a commission as a messenger-at-arms under section 77(1) of the Act of 1987, he shall administer to the sheriff officer the oath or declaration of allegiance to the Sovereign.
Application for commission as sheriff officer
8.—(1) An application by a person for a commission as a sheriff officer in a particular sheriffdom or a particular district of a sheriffdom shall be by initial writ in a summary application in form 2 to the sheriff principal in such sheriff court as the sheriff principal shall direct and shall be signed by the petitioner or his solicitor.
(2) There shall be lodged with an initial writ under paragraph (1) of this rule—
(a)
(a) an inventory of productions;
(b)
(b) a copy of the entry in the Register of Births relating to the applicant;
(c)
(c) the certificate required by rule 3(1)(d) above;
(d)
(d) a certificate from the committee of examiners of the Society to the effect that the applicant has passed the examinations set by the committee of examiners; and
(e)
(e) two references of good character.
(3) An application under paragraph (1) of this rule shall not be served but shall be ordered to be—
(a)
(a) intimated on the walls of every sheriff court in the sheriffdom or district of the sheriffdom for which appointment as a sheriff officer is sought; and
(b)
(b) advertised once in form 3 in such newspapers circulating in the sheriffdom as the sheriff principal shall appoint.
(4) A person who intends to object to such an application shall lodge answers to the application with the sheriff clerk within one month from the date of such intimation and advertisement.
(5) Where the sheriff principal is satisfied that the applicant is suitably qualified, and is a fit and proper person, to be a sheriff officer, he may grant to the applicant a commission as a sheriff officer in his sheriffdom or a district within that sheriffdom.
(6) The sheriff principal shall not issue a commission to a sheriff officer until the sheriff officer has lodged with the sheriff clerk—
(a)
(a) subject to paragraph (7) of this rule, a bond of caution required under rule 9 below; and
(b)
(b) subject to paragraph (7) of this rule, a premium receipt from an insurance company for professional indemnity insurance required under rule 11(1)(a) below.
(7) In the application of paragraph (6) of this rule in a case where the sheriff officer already holds a commission as a sheriff officer, it shall be sufficient for the sheriff officer to lodge with the sheriff clerk a copy letter of receipt, of the bond of caution and of the premium receipt, issued by the regional sheriff clerk.
(8) When the sheriff principal issues a commission to a sheriff officer he, or a sheriff, shall administer to the sheriff officer the oath or declaration de fideli administratione officii.
(9) Where a person intends to apply to be a sheriff officer in more than one sheriffdom, he shall make a summary application under paragraph (1) of this rule in each sheriffdom in which he seeks to be appointed a sheriff officer.
(10) Where a sheriff officer is issued with a further commission as a sheriff officer in a sheriffdom other than the sheriffdom in which he first obtained a commission, he shall intimate a copy of his subsequent commission, certified by the sheriff...
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